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GAME AND FISH LAWS 



AND 



FOREST PROTECTIVE ACTS 



OF 



WEST VIRGINIA 




An Act of the Legislature of 1921. 

Printed by 
Game and Pish Commission of West 

Virginia 
Headquarters: Charleston, W. Va. 

Members: 

G. O. Young, Chairman, Buckhannon, W. Va. 

A. F. Francis, Mound sville, W. Va. 

C. A. Cabell, Carbon, W. Va. 



GAME AND FISH LAWS 



AND 



FOREST PROTECTIVE ACTS 



OF 



WEST VIRGINIA 




An Act of the Legislature of 1921. 

Printed by 
Game and Fish Commission of West 

Virginia 
Headquarters: Charleston, \V. Va. 

Members: 

G. 0. Young, Chairman, Buckhannon, W. Va. 

A. F. Fkancis, Moundsville, W. Va. 

C. A. Cabell, Carbon, W. Va. 






TRIBUNE PRINTING CO., CHARLESTON, W. VA. 



LIBRARY OF CONGRESS 

RECEIVED 

JUN 301922 

DOOWMENTS DiVtolOf* 



r 1 



DON'T FORGET 

It is unlawful for any person over fifteen 
years of age to hunt or fish without a 
license to be procured from the county clerk. 
Cost of license to residents, one dollar; to 
non-residents, fifteen dollars. 

It is unlawful to hunt on enclosed or im- 
proved lands of another without the written 
consent of the owner or agent. 

It is unlawful for any person not a citizen 
of the United States to hunt, catch or kill 
any wild game animals, wild game birds or 
wild game fowl or have in his possession fire 
arms for such purpose or fish for fish, frogs 
or turtles. 

It; is unlawful for any unnaturalized for- 
eign-born resident of the State to own or 
keep a dog of any kind in this state. 

Tljiat you cannot hunt the various birds 
and animals or catch any fish except during 
the periods which are set out below: 

Elk — No person except the owner shall 
kill any elk in this State for a period of ten 
years or until 1923. 

Deer — No person except the owner shall 
hunt or kill any deer in this State until 
October 15, 1923. No person shall hunt or 
kill deer with dogs in this State at any 
time. 



4 Forest, Game and Fish Laws 

Wild Turkeys — Lawful to kill same be- 
tween October 15 and December 1. Unlawful 
to kill same at night or to kill more than 
one turkey in one day or four in one season. 
Persons required to report number killed to 
Game and Fish Commission. 

Ruffed Grouse — Lawful to hunt same be- 
tween October 15 and December 1, but unlaw- 
ful to kill more than four in one day or 
twenty in one year. 

Quail or Partridge — Lawful to hunt same 
between November 1 and December 1, but 
unlawful to kill more than ten in one day 
or sixty in one year. 

Wild Duck, Goose or Brant — Lawful to 
hunt same between October 15 and January 
1. 

Woodcock — Lawful to hunt same between 
October 15 and November 30. 

Plover, Ortolan or Sandpiper — Lawful to 
hunt same between September 16 and Decem- 
ber 31. 

Snipe — Lawful to hunt same between 
October 15 and December 15. 

Gray, Black, Fox and Red Squirrel — Law- 
ful to hunt same between September 1 and 
December 1. No person shall kill more than 
eight squirrels in one day or sixty in one 
season. 

Frogs — Unlawful to hunt frogs between 
April 1 and June 1. 



Forest, Game and Pish Laws 5 

Rabbits — Lawful to hunt same between 
October 1 and January 1. 

Polecat or Skunk — Unlawful to kill same 
between February 1 and December 1. 

Jack Salmon, Jack Fish or White Salmon 
— Unlawful to fish for same between April 
1 and May 30. 

Trout or Land lock Salmon — Unlawful to 
fish for same between August 1 and May 1. 

Bass, Pickerel or Pike — Unlawful to fish 
for same between April 1 and May 30. 

Section 1. Creates Game and Fish 
Commission. 

(a) The game and fish commission of 
West Virginia, to be composed of three com- 
petent citizens of this state who shall be 
appointed by the governor, no two of whom 
shall be residents of the same senatorial 
district, is hereby created. When this act 
takes effect, the governor shall appoint one 
member thereof for the term of three years 
from the first day of July one thousand nine 
hundred and twenty-one, one member there- 
of for the term of two years from said date, 
and one member thereof for the term of one 
year from said date, and thereafter the gov- 
ernor shall each year appoint a member for 
the full term of three years as the terms 
of such commissioners shall expire, except 
where appointment is made to fill a vacancy. 



6 Forest, Game and Pish Laws 

A vacancy in said commission shall be filled 
by appointment by the governor for the 
unexpired term. All appointments so made 
shall be with the advice and consent of the 
senate, except where otherwise provided by 
law. 

(b) The governor may remove any mem- 
ber for incompetency, neglect of duty, gross 
immorality or malfeasance in office. 

(c) The commissioners shall receive no 
salary or other compensation for their ser- 
vices, but shall be allowed and paid their 
actual necessary expenses in traveling and 
other personal expenses incurred in the per- 
formance of their duties; provided, that in 
no case shall such total amount so allowed 
for traveling and other personal expenses 
exceed in any one year the sum of fifteen 
hundred dollars for all of said commission- 
ers. No expense account shall be paid unles 
a statement of the items thereof together 
with the time of expenditure and the person 
or persons by whom expended shall be cer- 
tified by at least two of the members of 
the commission to be a true statement of 
money actually expended, at the times de- 
signated, for traveling and other personal 
expenses in the performance of duty as 
such commissioners. 

(d) The commission shall maintain an 
office at the capital of the state and shall 
hold regular meetings at such office on the 



Forest, Game and Pish Laws 7 

first Thursdays of January, April, July and 
October, and may hold special meetings at 
such times and places in said state as it may 
deem necessary. Such special meetings may 
be called either by the chairman or by any 
two members, by giving reasonable notice 
thereof to each member. 

(e) The commission shall have power 
and authority to appoint a chief game pro- 
tector and additional other competent men 
who shall be designated game protectors, 
each of whom shall hold office at the pleas- 
ure of the commission, and the commission 
may, at its discretion, with or without cause, 
summarily remove any person appointed by 
it and fill such vacancy so created by re- 
moval. The commission shall fix the salary 
to be paid to the chief game protector and 
the compensation of said game protectors 
but the chief game protector shall not be 
paid a yearly salary of more than the sum 
of three thousand dollars, exclusive of his 
expenses. The commission may rent an 
office adequate for its purposes, furnish the 
same, secure necessary supplies for the keep- 
ing of its records and the conduct of its 
business, and may employ, with the right of 
removal aforesaid, one person to act as 
clerk at said office, at a salary of not more 
than two thousand dollars a year, and a 
stenographer at not more than fifteen hun- 
dred dollars per year. 



8 Forest, Game and Fish Laws 

(f) The commission shall, in addition to 
the duties hereinafter specifically pre- 
scribed, have entire charge, control and 
supervision of the conservation, protection, 
propagation and distribution of the fish, 
frogs, wild animals, and the wild birds and 
fowl of the state, the conduct, control, oper- 
ation and management of all state wild 
birds, wild fowl or wild game farms, re- 
serves and refuges, and fish hatcheries and 
reserves and refuges, and all other fish, frog, 
wild game, wild bird and fowl, plants and 
places now or hereafter to be established in 
the state for the propagation and protection 
of fish, frogs, wild game and wild birds and 
fowl; supervise and direct the granting and 
the cancellation or revocation of all game 
and fish, hunting or other licenses, provided 
by this chapter to be granted, and the pay- 
ment, collection and expenditure of all 
moneys derived from said licenses, and 
otherwise collected or appropriated for the 
operation of the game and fish department; 
supervise and direct and have charge of the 
enforcement of all laws enacted for the 
propagation, preservation, conservation, pro- 
tection and distribution, or in relation to 
the pursuit, hunting, catching, capturing 
and killing of the fish, frogs, the wild am 
mals, the wild birds, and the wild fowl of 
the state; and do and perform all acts and 
things expressly provided or implied to be 



Forest, Game and Fish Laws 9 

done by the commission under the provis- 
ions of this act or by law. 

(g) The commission shall keep records 
of all its acts and doings in relation to its 
duties and it shall preserve the same at its 
office, and shall make report to the governor 
on not later than the 10th day of December 
of each year, or oftener if required by the 
governor, of the conduct of its affairs during 
said current year, including a statement of 
receipts and disbursements and such recom- 
mendations as the commission may desire to 
make in relation to the matters within its 
duties and purposes. The commission shall 
choose yearly at the first meeting held after 
the thirty-first day of May, a chairman who 
shall be such for one year from the said 
thirty-first day of May of each year, or until 
his successor shall be elected and qualified 
in his stead. 

(h) The commission shall keep its rec- 
ords and books in the manner to be pre- 
scribed by the public accounting department 
of the state, and shall submit the same to 
said accounting department for inspection 
at such time as said accounting department 
may require. 

(i) The commissioners shall each give 
bond in the sum of two thousand dollars, 
and in case surety companies execute the 
same the premiums therefor shall be paid 
out of the funds of the commission, for the 



10 Forest, Game and Fish Laws 

faithful performance and discharge of their 
duties as commissioners, and the commis- 
sioners, chief game protector and the game 
protectors shall each give, sign and execute 
a written oath of office in form to be pre- 
scribed by the attorney general of this state 
before entering upon the performance of 
their duties. The written oath of office may 
be administered to the chief game protector 
and game protectors by any commissioner 
or any other person authorized by law to 
administer oaths, and all said written obli- 
gations shall be returned to and filed with 
the commission. 

Section 2. Chief Game Protectors, 
Duties, etc. 

(a) The chief game protector and the 
game protectors and all other officers of the 
state of West Virginia, while engaged in the 
enforcement of the provisions of this act, 
shall be under the supervision and direction 
of the commission. The chief game protec- 
tor and the game protectors shall have full 
power and authority to execute and serve 
any warrant, notice or any process of law 
issued under this act or any law enacted 
relating to the game, the fish, the frogs, the 
wild birds and wild fowl, and the game ani- 
mals and forests, issued by any justice of 
the peace or by any court having jurisdiction 



Forest, Game and Fish Laws 11 

thereof, in the same manner and 'with the 
same power and authority and to and with 
the same legal effect as any constable or 
sheriff can serve or execute such warrant, 
notice or process; may arrest on sight, with- 
out a warrant or other court process, any 
person or persons detected by them in the 
violation of any of the provisions of this act 
or of any law of this state relating to the 
game, the fish, frogs, wild birds and fowl 
and the game animals and the forests; and 
said chief game protector and game pro- 
tectors under the supervision and direc- 
tion of said commission, shall do all things 
necessary to properly carry into effect the 
provisions of this act 

(b) The sheriffs, deputy sheriffs and con- 
stables in the several counties of the state 
shall be, within their respective jurisdiction, 
game protectors, and in like manner the 
police officers of any city shall be, within 
their jurisdiction, game protectors, and 
members of the department of public safety, 
hereinafter called state police, each vested 
within his respective jurisdiction, with all 
the powers and authority of game protec- 
tors, but no oath shall be required of said 
sheriffs, deputy sheriffs, constables, state 
police or police officers, and each shall, when 
making an arrest or executing other court 
process under the provisions of this chapter, 
make report of the same to the commission. 



12 Forest, Game and Fish Laws 

(c) The chief game protector and game 
protectors, including said sheriffs, deputy 
sheriffs, constables, state police and police 
officers, while engaged in the enforcement of 
any of the provisions of this act, shall have 
the power, in manner provided by law, to 
search and examine any boat, vehicle, auto- 
mobile, conveyance, express or railroad cars, 
fish box, fish buckets or creel, game bag or 
game coat, or any other receptacle in which 
game birds, game animals or fish or frogs 
could be packed, concealed or, conveyed, 
whenever they have reason to believe that 
they will thereby secure or discover evi- 
dence of the violation of any provision of 
this act, and the said officers shall have, in 
manner provided by law, the same right to 
execute a search warrant as is now conferred 
upon sheriffs in their respective counties. 

(d) The authority and powers and du- 
ties of the chief game protector and game 
protectors shall be state wide and after they 
are appointed as such, each can obtain from 
the circuit court of the county of his resi- 
dence, a license to carry a pistol or revol- 
ver, by giving bond in the sum of thirty- 
five hundred dollars, conditioned as provid- 
ed in section seven of chapter one hundred 
and forty-eight of the code, and no notice or 
other application, except the presentation of 
his commission as such game protector shall 



Forest, Game and Fish Laws 13 

be required of him before such license is 
granted. 

(e) Any of the officers herein mentioned, 
whose duty it is to enforce provisions of 
this act, shall have the same rights and pow- 
ers as sheriffs have in their respective 
counties to summon aid in making arrests, 
s&izures or executing any warrants, notices 
or court process. 

(f) The commission may cause com- 
plaints to be made and proceedings to be in- 
stituted and prosecuted against any viola- 
tors under this chapter, without the sanction 
of the prosecuting attorney of the county 
wherein such proceedings are instituted, and 
in all such cases no security for costs shall 
be required of the commission. The commis- 
sion may employ an attorney to represent 
it in any prosecution under this act, and 
in such case there shall be taxed as costs, 
in case of conviction, the sum of ten dollars 
in each case, in addition to the usual amount 
lawfully taxed, and which ten dollars shall 
be for the benefit of and paid to said attor- 
ney as and for his compensation. 

(g) The commission shall have the right 
to offer and pay, in its discretion, rewards 
for information respecting the violation or 
for the apprehension and conviction of any 
violators, of any of the provisions of this 
act. 



14 Forest, Game and Fish Laws 

(h) Any person who hinders, obstructs 
or interferes with, or attempts to hinder, 
obstruct or interfere with, the game and fish 
commission, or any member thereof, or any 
game protector, or any other officer named 
herein in the performance of his duties, 
shall be deemed guilty of a misdemeanor 
and upon conviction shall be fined not less 
than fifty and not more than two hundred 
dollars, or may be confined in jail not more 
than six months, for each offense, or, in 
the discretion of the court may be both fined 
and imprisoned within the limitation afore- 
said. 

Section 3. Ownership and Title to Wild 
Game, etc. 



The ownership of, and the title to, all 
wild game, wild birds, both resident and 
migratory, and all fishes and frogs in the 
state of West Virginia, are hereby declared 
to be in the state, and no such game, birds, 
or fishes or frogs shall be taken or killed in 
any manner, or at any time, except the per- 
son so taking or killing the same, shall con- 
sent that the title thereto shall be and re- 
main in the state of West Virginia, for the 
purpose of regulating the use and disposi- 
tion of the same after such taking or kill- 
ing. The taking or killing of wild game 
birds or fishes or frogs at any time or In any 
manner or by any person, shall be deemed a 



' 



Forest, Game and Fish Laws 15 

consent of such person that the title thereto 
shall be and remain in the state, for the pur- 
pose of regulating the use, and disposition 
of the same. 

Section 4. Persons Required to Have 
License. 

No person not a citizen of the United 
States of America shall at any time hunt, 
pursue, kill or catch any wild game animals, 
or wild game birds or wild game fowl 'in 
this state, or have in his possession fire arms 
of any kind for such or any of said pur- 
poses, or fish for, capture, catch or kill any 
fish, frogs or turtles, in this state. 

(b) For the purpose of this chapter the 
following are game animals: elk, deer, rab- 
bit and skunk or polecat. The following 
are game birds or game fowl: the anatadae, 
commonly known as ducks, geese, swan and 
brant; the rallidae commonly known as mud 
hens, rails, coots and gallinules; the limico- 
lae, commonly known as shore birds, plover, 
snipe, woodcock, tatlers, curlews, ortolan, 
sand piper; and the gallinae, commonly 
known as wild turkey, ruffed grouse or 
pheasant, quail or bob-white. 

(c) No person above the age of fifteen 
years, who is a citizen of the United States, 
shall, at any time, hunt, pursue, kill or catch 
any wild game animals, or wild game birds 



16 Forest, Game and Fish Laws 

or wild game fowl, in this state, or fish for, 
capture, catch or kill any fish or frogs of 
any kind whatsoever, without first having 
secured a license so to do as herein provid- 
ed, and then only during the respective per- 
iods when it shall be made lawful to hunt 
such wild game animals and wild game 
birds and wild game fowl, or to fish for, 
capture, catch or kill such fish or frogs. 
Such license may be procured in the fol- 
lowing manner: the applicant who is a resi- 
dent of this state shall go before the clerk 
of the county court of the county of his res- 
idence and in ink fill out and sign his name 
to a blank application which blank applica- 
tion shall be prepared by said commission 
and furnished to said clerk by it, and which 
shall state, among other things to be provid- 
ed therein by said commission, the citizen- 
ship, name, age, occupation or profession, 
weight, height, place of county resident, 
color of hair, eyes and complexion of the 
applicant, and said applicant shall in per- 
son make oath thereto before, and file said 
application with said clerk. If the appli- 
cant be a non-resident of this state, he shall 
make, sign, swear to and file the like form 
of application, but such application may be 
signed and sworn to by him before any per- 
son authorized in the state of his residence 
to administer oaths, but said officer taking 
such affidavit shall affix his seal thereto, and 



Forest. Game and Fish Laws 17 

such application may be filed with, and such 
license may be granted by, any clerk of the 
county court of any county in this state to 
whom such application is made. If appli- 
cant is a bona fide resident and citizen of 
this state, he may fill out said application 
and swear to the same before some one au- 
thorized to administer oaths and send the 
same to the county clerk of the county of his 
residence together with the amount of li- 
cense tax herein prescribed and sufficient 
postage for the return of the license, and 
such clerk shall thereupon issue and send 
him such license. Before any such license 
shall be issued to a citizen who is a resident 
of the state of West Virginia, said applica- 
tion shall be made and filed as aforesaid 
and the applicant shall pay to said clerk 
so issuing the same the sum of one dollar, 
and before any such license shall be issued 
to a citizen who is a non-resident of the 
state of West Virginia said application shall 
be made and filed as aforesaid and said ap- 
plicant shall pay to said clerk the sum of 
fifteen dollars; provided, that a bona fide 
land owner of this state, residing herein, 
or his resident children, or his bona fide 
resident tenant, may hunt, pursue, kill or 
catch any of the game animals or game 
birds and fowl, or fish for, capture or kill 
any of the fish or frogs of this state on his 
land, during the hunting or fishing seasons 



18 Forest, Game and Fish Laws 

therefor, but under the regulations and laws 
herein expressly made for hunting and fish- 
ing, without obtaining a license so to do, 
provided, however, said land shall not have 
been designated and made, in manner provi- 
ded by law, a state game refuge or preserve. 
Nothing herein shall be construed to permit 
any resident or non-resident member of 
any club or organization or association of 
persons owning or leasing a game or fish 
preserve in this state to hunt or fish with- 
out having secured such license therefor. 

(d) The clerk shall issue and deliver to 
the applicant, upon the granting of such li- 
cense, a form of license prepared by the 
commission, which shall be signed by said 
clerk and be under the seal of the county 
court of which he is a clerk, and which li- 
cense shall bear a number according to the 
serial order in which it was issued. The 
clerk shall, at the same time, deliver to the 
applicant a tag which stall be prepared and 
delivered to the clerk by the commission, 
bearing on it the serial number and county 
of said license and the name and residence 
of the applicant, and containing the words 
"resident' or "non-resident" as the case may 
be. Said clerk shall keep an accurate list 
of all licenses issued by them and of moneys 
received therefor. 

(e) No person to whom such license is 
granted shall be entitled to hunt, pursue, 



Forest, Game and Fish Laws 19 



kill or catch any wild game animals or wild 
game birds or wild game, fowl, or fish for, 
capture, or kill any fish or frogs, unless, at 
the time thereof, he shall have such license 
in his actual possession, and he shall, on de« 
mand, exhibit the same to any officer of this 
state, or to the owner, tenant or lessee of 
any land on which he is hunting or fishing. 

(f) Such license shall be issued only 
until the last day of the calendar year in 
which the same is issued, and shall permit 
the holder thereof, in the year in which 
issued and then only during the times in 
such year when it is made v lawful so to do, 
to hunt and fish in any of the counties of 
the state. 

(g) No person securing such license and 
tag shall transfer the same to any other per- 
son or permit any other person to have or 
use the same. No person shall have, use or 
exhibit any license or tag which has not 
been issued to him in maner provided by 
law. 

(h) If any person shall violate any of 
the provisions of this section, he shall be 
deemed guilty of a misdemeanor; and upon 
conviction shall be fined not less than 
twenty and not more than two hundred dol- 
lars, or may be confined in jail not less than 
ten nor more than sixty days, for each of- 
fense, or, at the discretion of the court may 



20 Forest, Game and Fish Laws 

be both fined and imprisoned within the 
limitations aforesafd. 

Section 5. Creates Game and Fish 
Funds. 

(a) All moneys receive by or paid to any 
officer or other person of this state for li- 
censes as aforesaid, shall be paid to said 
commission, in the manner and at the times 
as hereinafter provided, and said commis- 
sion shall, on receipt of the same by it, 
forthwith pay over to the state treasurer 
such money so received, accompanying such 
money with a statement showing in detail 
the source of such money and the purposes 
for which the same was originally paid. 
Such officers and other persons so receiving 
such money shall, on the first day of each 
month, pay over to said commision all 
moneys so paid to them during the preced- 
ing month, and each such officer and per- 
sons shall accompany such payment with a 
report showing, in case of license money, 
the name of the county, the names and ad- 
dresses of the persons paying the same and 
the date of the receipt thereof. All such 
money so paid for licenses shall be credited 
to and kept separately in a "Game and Fish 
Fund" and shall be used and paid out sole- 
ly, upon the order of the commission, for 
the conservation, protection, propagation 



Forest, Game and Fish Laws 21 

and distribution of the fish, frogs, wild game 
and wild birds and fowls of this state, in 
the enforcement of the fish and game laws 
of this state, for any of the purposes in this 
act provided, and for the operation of the 
commission. 

(b) All the money so credited to the 
game and fish fund and applicable as afore- 
said to the up-keep and conduct of the com- 
mission, shall be withdrawn from the state 
treasury and expended only upon the written 
voucher of the commission, authorized by 
it at a meeting duly held, and signed by the 
chairman of such commission. 

Section 6. Revocation of Licenses. 

(a) All licenses herein authorized to be 
granted shall be deemed to have been grant- 
ed by the commission, and the power and 
authority to revoke said license is vested in 
ihe commission subject to the rights of a 
court of competent jurisdiction to exercise 
general jurisdiction in relation thereto. The 
violation of any of the provisions of this 
act by any person holding a license shall 
be sufficient cause for the refusal of the 
commission to grant in any year a license 
to the person so violating any such pro- 
vision. 

(b) In case the commission desire to re- 
fuse a license to any person, it shall notify 



22 Forest, Game and Fish Laws 

the clerk of the county court of the resi- 
dence of such person, or any such clerk 
where it is expected such license shall be 
sought, of the name and address of such per- 
son and such other information in relation 
1 hereto as it may desire to give, and such 
clerk shall not issue a license to such per- 
son thereafter, and shall report to the com- 
mission any application made therefor. In 
case any clerk shall, after receiving such 
notice, knowingly issue such license, he 
shall be guilty of a misdemeanor and upon 
conviction thereof shall be fined not less 
than ten dollars and not more than one 
hundred dollars for each offense. The com- 
mission may revoke any such license so 
wrongfully issued. 

(c) Upon the revocation of any license, 
the one to whom the same was issued, shall, 
upon having knowledge of such revocation, 
forthwith deliver the said license and tag 
£0 issued to him to the clerk of the county 
court of the county who issued the same to 
him and said clerk shall thereupon transmit 
the same to the commission. 

(d) It shall be unlawful for any person 
in any manner to alter or change any license 
or tag, issued under the provisions of this 
act, or to buy or sell, or offer to buy or sell 
the same, or to transfer the same to another, 
or to permit another to use it, and it shall 
be unlawful for any person to use or wear 



Forest, Game and Fish Laws 23 

any such license tag or either of them, 
which has been issued to any other person 
than himself. 

(e) A violation of any of the provisions 
of this section for which no specific pun- 
ishment is fixed, shall be deemed a misde- 
meanor, and upon conviction the accused 
shall be fined not less than twenty or more 
than one hundred dollars, or confined in 
jail not less than ten nor more than one 
hundred days for each offense, or by both 
fine and imprisonment, within the limita- 
tions aforesaid. 

Section 7. Offenses Under the Statute. 

(a) No person shall carry any uncased 
gun in any of the fields or woods of this 
state, unless he has such properly issued and 
valid license, or unless such person be the 
bona-fide owner of such field or woods, or his 
child, tenant or lessee, and the carrying of 
such uncased gun in any of the fields or 
woods of this state by any person not hav- 
ing a license to do so, as aforesaid, ..or by any 
person not then such owner, tenant or lessee 
of such field or woods, or a child of such 
owner, tenant or lessee, shall be deemed 
prima facie evidence that the person so car- 
rying such uncased gun is hunting game 
animals or game birds or fowl. 



24 Forest, Game and Pish Laws 

(b) Any person having in his possession 
in the fields or woods in or about the 
streams or waters of this state any gun or 
other hunting paraphernalia or any fishing 
rod or paraphernalia, except it be such 
owner of such field, woods, stream or water, 
or the child, tenant or lessee of such owner, 
shall, upon the demand of any officer men- 
tioned in this act, or by the owner, tenant, 
lessee, or the agent of the owner of such 
fields or woods, produce and exhibit his 
license to such officer or person for inspec- 
tion,- and shall give to said officer or per- 
son his correct name and address. 

(c) No person, to whom the such license 
is issued, shall hunt, pursue, catch or kill 
game animals, game birds or fowl, or fish 
for, catch, capture or kill fish or frogs in 
in this state, unless at the time he shall have 
such license in his actual possession and 
upon his person. 

(d) If any person shall violate any of 
the provisions of this section, he shall be 
guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than 
twenty and not more than one hundred dol- 
lars, or be confined in jail not less than 
twenty and not more than one hundred days, 
lor each offense, or both fine and imprison- 
ment within the limitations aforesaid. All 
licenses issued for one thousand nine hun- 
dred and twenty-one under the law in force 



Forest. Game and Fish Laws 25 



before this act takes effect shall be good for 
hunting or fishing during such year. 

Section 8. Establishing Game Refuges. 

The commission may, with the consent of 
the owner or owners of any land in this 
state, set the same, or any part thereof, 
aside as a game refuge for the propagation 
or protection of the wild game animals, wild 
birds or fowl shall be declared by publica- 
tion of such fact and the period of time the 
same shall so remain such refuge, together 
with a reasonably definite statement of the 
location and boundaries of such land or 
stream, in at least two newspapers published 
in the county or each of the counties in 
which the same is located, or if there be but 
one then in one such paper, and the com- 
mission shall post and keep posted thereon 
or thereabouts placard notices of the fact of 
such refuge. During the time of the main- 
tenance of the same as a refuge, no person 
shall hunt, pursue, kill or catch thereon any 
wild game or none-game animals or wild 
birds or fowl, except under the rules and 
regulations prescribed by the commission for 
the killing of birds and animals of prey not 
protected under the law of this state, and 
upon conviction thereof shall be punished 
by a fine of not less than ten nor more than 
one hundred dollars, or by confinement in 



26 Forest, Game and Pish Laws 

jail not less than ten nor more than one 
hundred days, or by both fine and impris- 
onment within the limitations aforesaid, for 
each offense. The said commission shall 
have power to take and hold all lands con- 
veyed to or vested in it by deed, contract or 
will, whether donated by individuals, cor- 
porations or associations, or purchased by 
the state, and preserve and protect the same 
for park or game preserve purposes, and 
shall have power to preserve and protect 
the fish, wild animals and birds on the 
same, and to prescribe and enforce rules, 
consistent with the laws of this state in or- 
der to carry out that object; and may pre- 
scribe and enforce rules prohibiting all 
fishing and hunting and all catching, trap- 
ping, capturing and killing of fish, wild 
animals and birds upon such park and game 
preserve lands, for such a length of time 
as it may deem proper. 

Said commission shall investigate the 
waters of the Gauley, Williams, Greenbrier, 
Elk, Cheat, Tygarts Valley, New Blue Stone, 
Coal and Guyandotte rivers and report to the 
governor what lands thereon are suitable for 
the purposes of a state park and game pre- 
serve, together with all information obtain- 
able as to the probable value and the adap- 
tability of such lands for such purposes. 



Forest, Game and Fish Laws 27 

Section 9. Fish and Frog Refuges. 

The commission may with, the consent 
of the owner of any land or stream in this 
state, by publication and by posting of 
notice as aforesaid as provided in section 
eight of this act, because of drought, forest 
fires, diseases existing among the fish, or 
for the purpose of the conservation, pro- 
tection or propagation of fish and frogs, 
declare any such stream in this state or 
any part thereof, a fish or frog refuge and 
thereafter maintain the same as such. 
After such declaration no person shall, 
during the time the same is made a refuge, 
fish for, capture, catch or kill any fish or 
frogs in said stream or in any manner pol- 
lute the waters thereof, and upon convic- 
tion thereof the accused shall be punished 
by a fine of not less than ten nor more than 
one hundred dollars or by confinement in 
jail not less than ten nor more than one 
hundred days, or by both fine and impris- 
onment within the limitations aforesaid, 
for each offense. 

Section 10. Offering Bounties. 

The commission may, in its discretion, 
offer and pay, from time to time, under 
such regulations as it may prescribe, such 
bounties on the killing and destruction of 



28 Forest, Game and Fish Laws 

wild non-game animals and wild non-game 
birds which prey upon and destroy game 
animals and game, song and insectivorous 
wild birds and fowl of this state, as said 
•commission shall deem necessary. 

Section 11. Hunting Elk Prohibited. 

No person shall hunt, chase, capture, 
wound or kill any elk in this state at any 
time for a period of ten years from and 
after the passage of this act; provided, that 
the owner of any elk which shall be kept in 
any park or field sufficiently enclosed to 
reasonably prevent their escape therefrom, 
shall have the right to kill any such elk 
of his own; and provided, further, that such 
owner may pursue, recapture or kill any 
of his elk that may escape from his en- 
closure. Any person violating this section 
shall be guilty of a misdemeanor, and upon 
conviction, shall be fined not less than 
twenty dollars and not more than two 
hundred dollars and may be confined in the 
county jail not to exceed sixty days. 

Section 12. Hunting of Deer, Turkey and 
other Animals, Birds and Fowl. 

No person shall hunt, capture or kill any 
deer in this state at any time until the 
fifteenth day of October, one thousand nine 



Forest, Game and Fish Laws 29 

hundred and twenty-three; provided, that 
the owner of any deer which shall be kept 
in any park or field sufficiently enclosed 
to reasonably prevent their escape there- 
from, shall have the right to kill any such 
deer of his own; provided, further, that 
such owner may pursue, recapture or kill 
any of his deer that may escape from his 
enclosure. Any person violating this sec- 
tion shall be guilty of a misdemeanor and 
upon conviction shall be fined not less than 
twenty-five dollars nor more than two hun- 
dred dollars, and may be confined in the 
county jail not more than sixty days. 

(b) No person or persons shall chase 
or hunt elk or deer with dogs in this state 
at any time, or permit his dog or dogs to 
hunt or chase elk or deer. 

(c) It shall be lawful to hunt and kill 
any deer from the fifteenth day of October 
one thousand nine hundred and twenty- 
three until the thirtieth day of Novem- 
ber, one thousand nine hundred and twenty- 
three, and during such period of time in 
each year thereafter, provided, that tame 
deer shall be excluded from this operation 
as aforesaid. 

(d) No person shall kill more than one 
deer in any one season of each year. No 
person shall hunt, pursue, catch or kill any 
deer between nightfall of one day and day- 
light of the next day. No person shall at 



30 Forest, Game and Fish Laws 

any time kill any fawn, doe, or any other 
deer than bucks with horns or antlers over 
four inches in length, or have the fresh 
skin of any doe or fawn in his possession. 
Each person killing a deer in this state in 
any season when it is lawful so to do, shall, 
within twenty days thereafter, inform the 
commission in writing of such fact, and 
shall also specify in writing the date and 
place of such killing, the person by whom 
killed, the persons hunting with him at 
such time, the estimated age of said deer, 
the length of its horns or antlers, and what 
was done with said deer. 

(e) No person shall hunt, pursue, cap- 
ture, wound or kill any wild turkey between 
the first day of December of any one year 
and the fifteenth day of October of the 
following year, nor shall any person during 
said period when it shall be lawful to hunt, 
pursue, catch and kill wild turkeys, en- 
gage therein between nightfall of one day 
and daylight of the next day, nor shall any 
person kill more than one wild turkey in 
any one day, or more than four wild tur- 
keys in any one open season. In the 
month of December of each year, it shall 
be the duty of each person who has killed 
a wild turkey in this state to make report 
of the number killed by him, during the 
open season of that year, to the commis- 



Forest, Game and Fish Laws 31 

sion, designating whether the same were 
male or female. 

(f) It shall be unlawful for any person 
to hunt, pursue, catch, capture or kill any 
ruffed grouse between the first day of De- 
cember of one year and the fifteenth day 
of October of the following year, or any 
quail or Virginia partridge between the 
first day of December of one year and the 
first day of November of the following year. 
Nor shall any person kill more than ten 
quail or four ruffed grouse in any one day, 
nor more than sixty quail or twenty ruffed 
grouse in any one year. No person shall 
hunt, pursue, catch, capture or kill any 
wild duck, goose or brant, between the first 
day of January and the fifteenth day of Oc- 
tober of any year; provided, that the wood 
duck shall not be killed at any time within 
this state. No person shall hunt, pursue, 
catch, capture or kill any woodcock in this 
state between the thirtieth day of November 
of one year and the fifteenth day of October 
of the following year; or any plover, orto- 
lan, or sandpiper between the thirty-first 
day of December of one year and the six- 
teenth day of September of the following 
year; or any snipe between the fifteenth 
day of December of one year and the fif- 
teenth day of October of the following year; 
or any gray, black, fox or red squirrel be- 
tween the first day of December of any year 



32 Forest, Game and Pish Laws 

1 

and the first day of September of the fol- 
lowing year. No person shall kill more 
than eight squirrels in any one day nor more 
than sixty in any one open season. 

(g) Xo person shall hunt, capture, gig, 
catch or kill frogs between the first day 
of April and the first day of June of any 
year. 

(hi) Anyone violating any provision of 
sub-sections (b), (c), (d), (e), (f), or (g) of 
this section shall be guilty of a misde- 
meanor and upon conncrfon shall be fined 
not less than twenty nor more than one 
hundred dollars, or confined in jail not less 
than ten nor more than one hundred days, 
for each offense, or by both fine and im- 
prisonment within the limitations aforesaid. 
The unlawful killing or capturing of each 
game animal, game bird, or game fowl shall 
be deemed a separate offense. 

Section 13. Killing ^>f Rabbits. 

It shall be unlawful for any person to 
hunt, catch, wound or kill any rabbit be- 
tween the first day of January and the 
first day of October following; provided, 
that it shall be lawful for any person, or the 
children or the agent, of any such person, to 
hunt, catch or kill any rabbit upon his own 
land or any land of which he may be a 
tenant at any time. Nb person shall at any 



Forest. Game and Fish Laws 33 

time hunt, pursue, catch or kill rabbits 
with ferrets, excepting that the owner of 
any land, or his children, or his lessee or 
agent, may lawfully hunt and kill rabbits 
with a ferret on said land when it is nec- 
essary so to do for the protection of the 
said land or anything thereon. It shall be 
unlawful for any person to catch, kill or 
injure by means of a gun, snare, trap, or 
poison any red fox, between the first day 
of February and the first day of December 
following, except in the following named 
counties: Pocahontas, Monongalia, Marion, 
Randolph, Ritchie, Fayette, Pendleton, Mon- 
ty.y roe, Jefferson, Hardy, Wayne, Wood, Gil- 
I mer, Hancock, Lincoln, Hampshire, Brax- 
ton, Raleigh, "Webster, Putnam, Preston, 
Lewis, Jackson, Mercer, Nicholas, Green- 
brier, Marshall, Berkeley, Tyler, Boone, 
Logan, Clay, Barbour, Mineral, McDowell, 
Tucker, Grant, Ohio and Calhoun; pro j 
vided, however, that it shall be lawful for 
any person at any time or by any means 
to catch, kill or pursue any red fox upon 
his own land, or on any lands upon which 
he may be an actual bona fide tenant or 
resident, and also for the agent of the 
owner or tenant of such land to so hunt 
and kill any red fox thereon by the direc- 
tion of such owner or tenant. It shall be 
unlawful for any person at any time to set 
or maintain any snare upon the improved 



34 Forest, Game and Fish Laws 

or. inclosed lands of another without the 
express permission of the owner or tenant 
of such lands, or at any time to set or main- 
tain any steel or spring bear trap upon any 
lands not his own. If any person violate 
any of the provisions of this section he 
shall be guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a 
fine of not less than ten dollars nor more 
than one hundred dollars or by confinement 
in jail of not less than ten days nor more 
than one hundred days for each offense, or 
by both fine and imprisonment within the 
limitations aforesaid. 

Section 14. Killing of Polecats and certain 
partridges. * 

(a) It shall be unlawful for any person 
to catch, kill or injure any polecat or 
skunk between the first day of February of 
any year and the first day of December 
of the same year, except that it shall be 
lawful for the owner of any land, his 
children, lessee or agent to hunt or kill 
skunks thereon at any time, and any per- 
son violating this section shall on conviction 
be punished by a fine of not less than ten 
dollars nor more than one hundred dollars, 
or by confinement in jail for not less than 
ten days nor more than one hundred days, 



Forest, Game and Fish Laws 35 

or by both fine and imprisonment within 
the limitations aforesaid. 

(b) It shall be unlawful, at any time 
to hunt, pursue, catch, capture or kill any 
Hungarian pheasant or quail, Reeve's 
pheasant, English pheasant (not meaning 
thereby ruffed grouse), Lady Amherst's 
pheasant, Chinese pheasant, Caporcailzie, 
or any other foreign game bird introduced 
into this state by the commission, or any 
song or insectivorous bird, and a violation 
thereof shall be deemed a misdemeanor, and 
upon conviction the accused shall be pun- 
ished by a fine of not less than ten nor 
more than one hundred dollars, for each 
offense, or by confinement in jail of not 
less than ten nor more than one hundred 
days, or by both fine and imprisonment 
within the limitations aforesaid, and the 
killing of each or any bird so prohibited 
shall constitute and be a separate offense. 

Section 15. Killing of Fish. 

(a) It shall be unlawful for any person 
to catch and keep, or not to return to the 
water immediately after catching, any jack 
salmon, commonly called jack fish, or any 
white salmon, less than seven inches in 
length, or any pike or pickerel of less than 
ten inches in length, or any bass less than 
eight inches in length, or any trout less than 



36 Forest, Game and Pish Laws 

six inches in length. Fish less than the 
length prescribed herein shall be feturned to 
the water immediately after being caught 
with as little injury as possible. The 
measurement of the fish shall be taken 
from the end of the nose to the center 
fork of the tail. 

(b) It shall be unlawful to fish for, 
catch, take, kill or destroy any jack sal- 
mon, jack fish, or white salmon in any man- 
ner between the first day of April and the 
thirtieth day of May of each year; or any 
trout or landlock salmon in any manner be- 
tween the first day of August and the first 
day of May following; or any black bass, 
green bass, willow bass, rock-bass, pickerel 
or wall-eyed pike between the first day of 
April and the thirtieth day of May of each 
year. 

(c) It shall be unlawful for any person 
to catch or destroy fish in any dam. or pond 
or stream on the enclosed land of any per- 
son, except with the written consent of the 
owner of such dam or pond or stream, un- 
less such dam or pool or stream be a part 
of the rivers of this state. 

(d) It shall be unlawful for any person 
to kill or catch or attempt to kill or catch 
any fish in this state, or in any water sub- 
ject to the jurisdiction of this state, at any 
time, by means of seines, nets or traps, or 
devices of like nature, unless written con- 



Forest, Game and Fish Laws 37 

sent shall have been given by the commis- 
sion for the use of such seines as hereinafter 
provided; or by draining water out of any 
pool, pond, or any stream known to con- 
tain trout or bass with the intent to take or 
injure the fish therein; or by the use of 
dynamite, or any like explosive or 
other explosive mixture, or any pois- 
onous drug or substance, or by the use of 
electricity or lime; or by the use of a gun, 
rifle, pistol or any other like weapon; or by 
any other means whatsoever except by rod, 
line and hook or hooks with natural or ar- 
tificial lures; provided, (1) that it shall be 
lawful to kill or catch fish in the Ohio 
river by means of seines between 
the first day of September of one 
year and the first day of March of 
the year following, if and when per- 
mission so to do shall have been given in 
writing by the commission, and in such case 
upon such terms and conditions as the com- 
mission may fix, and provided, (2) that any 
person may employ a seine not more than 
eight feet in length for the purpose of se- 
curing minnows other than salmon, bass, 
shad, pike and trout, for use in angling, and 
provided (3) that the commission may, at 
any time, catch fish, with nets, seines or 
otherwise for the purpose of propagation 



38 Forest, Game and Fish Laws 

» 

and protection of the fish of this state; pro- 
vided, that it shall be lawful to gig any 
species of fish not mentioned in this section. 
(e)Any person violating any provision of 
this section shall be guilty of a misde- 
meanor, and upon conviction thereof shall 
be fined not less than ten dollars, nor more 
than one hundred dollars, and may, at the 
discretion of the court or justice trying the 
case, be confined in the county jail not ex- 
ceeding thirty days for each offense, or 
both fine and imprisonment within the limi- 
tations aforesaid. Provided, that for killing 
fish by dynamite or other explosive, or 
poisons, the punishment shall be as follows: 
any person convicted thereof shall be con- 
fined in the county jail for a period of not 
less than two months, nor more than twelve 
months, and shall, at the discretion of the 
court, be fined not less than twenty-five 
dollars nor more than one hundred dollars; 
but upon conviction of the same person for 
the second offense in this state, he shall be 
guilty of a felony and be confined in the 
penitentiary not less than one nor more 
than three years. 

Section 16. Propagation of Game Birds, etc. 

The game commission may hunt, capture 
and maintain in captivity, at any time, for 
the purpose of propagation, protection and 
distribution, any ot the game animals, game 
birds, game fowl, fish or frogs, or any of 



Forest, Game and Fish Laws 39 

the wild animals, wild birds, and wild 
fowl of this state. 

Section 17. Poison, Baits, Traps, etc., 
Prohibited. 

It shall be unlawful for any person, at any 
time, to catch, capture or kill, or attempt 
to catch, capture, or kill, at any time by 
seine, net, bait, trap or snare or like device 
of any kind, any wild turkey, ruffed grouse, 
pheasant, quail, or catch, capture or kill any 
elk or deer by means of any poison, bait, 
trap or snare, or any other like means or 
device, and any person violating any of the 
provisions of this section shall be guilty 
of a misdemeanor, and upon conviction 
thereof shall be fined not less than ten nor 
more than one hundred dollars, or by con- 
finement in jail not less than ten nor more 
than one hundred days, or by both fine and 
imprisonment within the limitations afore- 
said. 

Section 18. Hunting Prohibited on Sundays. 

It shall be unlawful to hunt, catch, kill 
or injure, or pursue with intent to catch, 
kill, or injure any game animals, game birds, 
game fowl, or any other animal or bird or 
fowl protected under the provisions of this 
chapter, on the first day of a week com- 



40 Forest, Game and Fish Laws 

. , 

monly known as Sunday, and any person 
violating any provision of this section shall 
be guilty of a misdemeanor and upon con- 
viction thereof fined not less than ten nor 
more than one hundred dollars for each of- 
fense, or by confinement in jail not less 
than ten nor more than one hundred days, 
or by both fine and imprisonment within 
the limitations aforesaid. 

Section 19. Building of Dams. 

No person, firm or corporation shall build, 
erect, keep or maintain any dam or any 
other structure in any river, creek or water 
course in this state, which shall in any way 
prevent or obstruct the free and easy pas- 
sage of the fish up or down such river, creek 
or other water course, without first building, 
or erecting as a part of such dam or other 
structure, a good and sufficient ladder or 
way so constructed as to allow fish easily to 
ascend or descend the same, as such ladder- 
or way shall be constructed only upon plans 
in a manner and at a place satisfactory 
to the commission. Any person, firm or 
corporation violating any of the provisions 
of this section shall be guilty of a misde- 
meanor and upon conviction shall be fined 
not less than ten nor more than one hund- 
red dollars, and such person, or in case 
of violation by a corporation the officers or 



Forest, Game and Fish Laws 41 



agents thereof violating this section may be 
punished further by imprisonment in jail not 
less than ten days nor more than one hund- 
red days, or upon conviction thereof by 
both fine and imprisonment within the 
limitations aforesaid. Each day such dam 
or structure is maintained shall constitute 
and be a separate offense and punishable as 
such. 

Section 20. Discharging Deleterious Matter 
Prohibited. 

It shall be unlawful for any person, firm 
or corporation to throw, discharge or cause 
to enter into any stream, water-course or 
water in this state saw dust, or other mat- 
ter deleterious to the propagation of fish. 
It shall be lawful, however, to drain or 
cause to be drained from any mine in this 
state by the owner or operator thereof the 
water that naturally collects in such mine 
and the water from any coal washery, and to 
discharge the same into any stream, water- 
course or water in the state; provided, how- 
ever, that any mine from which the water is 
so discharged or drained shall be kept in a 
sanitary condition and the water drain- 
age or flowing from such mine, and from 
such washery, shall, while in the mine and 
on the premises of the mine owner or op- 
erator, be kept free from pollution by human 



42 Forest, Game and Fish Laws 

or animal excrement or substance deleteri- 
ous to health. And the state board of 
agents, employees and servants shall at all 
seasonable times have authority to enter 
upon the premises and into any such mine 
in order to see that the same is kept in a 
sanitary condition and that the waters 
draining therefrom are free from the ob- 
jectionable substance named herein; with 
the right to the state board of health to pre- 
vent any mine owner or mine operator 
who fails to comply with the provisions 
of this act from draining or discharging 
the water or waters, from his or its mine 
into any stream, water or water- 
course in the state provided further, 
that any mine owner or operator 
having one suitable, convenient and 
sufficient outlet for the water from his 
or its mine into one stream shall not cause 
the same to be drained into any other 
stream. Any person, firm or corporation 
violating any of the provisions of this sec- 
tion shall be guilty of a misdemeanor, and 
fined not less than ten nor more than one 
hundred dollars, and such person violating 
this section, and the officer or agent of any- 
corporation, who directs or participates in 
the violation of this section, may be im- 
prisoned in jail not less than ten nor more 
than one hundred days, or both such fine 



Forest, Game and Pish Laws 43 

and imprisonment may be imposed for such 
violation. 

Section 21. Justices have jurisdiction. 

All prosecutions under this chapter shall 
be in the name of the state of West Vir- 
ginia and the justices of the peace in their 
respective jurisdiction shall, in all misde- 
meanors, have concurrent jurisdiction with 
the circuit or other criminal courts of any 
county. 

Section 22. Possession of Game and Wild 
Birds. 

No person shall, within the state of West 
Virginia kill or catch, or have in his pos- 
session, living or dead, any wild bird other 
than a game bird or a wild bird for which 
a bounty has been offered by the commis- 
sion; or purchase, offer or expose for sale, 
transport within or without the state, any 
such bird, except as aforesaid. No part 
of the plumage, skin or body of any bird 
protected by this section shall be sold or 
had in possession for sale irrespective of 
whether said bird was captured within o~- 
without the state, except the English or 
European sparrow, owls, hawks, eagles, 
crows, king fishers and the common black 
bird, sometimes called the "crow" black 
bird, which are not included among the birds 



44 Forest. Game and Fish Laws 



protected by this chapter, and the killing 
thereof at any time is lawful. 

Section 23. Destroying Nests 

No person shall wilfully or needlessly 
destroy or attempt to destroy the nest or 
the eggs of any wild bird, or have such 
nest or eggs in his possession, except it 
be the nest or eggs of a bird for which a 
bounty has been offered by the commission, 
or unless such person be acting under a 
certificate issued by the commission to any 
person for the purpose of collecting birds, 
their nests or eggs, for scientific purposes. 

Section 24. Penalties. 

Any person violating any of the provisions 
of sections twenty-two and twenty-three 
shall be guilty of a misdemeanor and upon 
conviction thereof shall be punished by a 
fine of not less than ten nor more than one 
hundred dollars or by confinement in jail 
not less than ten nor more than one hun- 
dred day3, or both fine and imprisonment 
within the limitations aforesaid. 

Section 25. 

No person shall, at any time, kill or have 
in his possession any deer, quail, pheasant, 



Forest, Game and Fish Laws 



45 



or ruffed grouse, wild turkey, squirrel, or 
any part of the same, or any game fish or 
frog killed, caught or captured in this state, 
with the intention of transporting the same 
or having the same transported beyond the 
limits of the state. No person shall trans- 
port beyond the limits of this state any elk, 
deer, quail, pheasant, or ruffed grouse, wild 
turkey, squirrel, wild duck or wild goose or 
game fish or frog, so killed, caught or cap- 
tured within this state. 

(b) It shall be unlawful for any person 
at any time to purchase, or offer to pur- 
chase, or to sell, or offer to sell, or expose 
for sale, or have in his possession for the 
purpose of selling any elk, deer, squirrel, 
wild turkey, ruffed grouse, quail, wood- 
cock, wild duck, wild goose, wild swan, wild 
brant, snipe, sandpiper, or any of the song 
or insectivorous birds of this state, and it 
shall be unlawful for any person at any 
time to purchase, or offer to purchase, 
or sell or expose for sale any trout of any 
species, salmon of any species, pike, or 
any bass of any species, or perch, or any 
frog, caught or captured within the state, 
and it shall be unlawful for any person or 
common carrier to transport, carry or con- 
vey or to receive for such purpose, any of 
the animals, birds or fowls aforesaid, or 
any part of the same or said fish or frogs 
so caught or killed within the state, know- 



46 Forest, Game and Fish Laws 



ing or having reason to believe that said 
animals, birds, fish or frogs had been or 
were to be sold. The selling or exposing 
for sale, having in possession for sale, 
transporting and carrying, contrary to the 
provision of this section of each and every 
animal, fish, or bird, the sale of which is 
prohibited in this section shall constitute 
and be a separate offense. 

(c) It shall be unlawful for any person, 
firm or corporation to employ or hire, or 
to induce or persuade, by the use of money 
or other thing of value, or by any means to 
induce, any person to hunt, watch, or kill 
for such other person, firm or corporation, 
any game animal, game bird or game fowl, 
or any other bird or fowl for which no 
bounty has been offered by the commission, 
or to fish for, catch or kill any fish or frog 
which is protected under any of the pro- 
visions of this chapter, or the sale of 
which is prohibited by this chapter. It 
shall be unlawful for any person to charge, 
accept, receive or take money, wages, hire 
or reward of any kind, to hunt, pursue, 
capture or kill, for any other person, any 
game animal, or game bird or game fowl, 
or any song or insectivorous bird, or any 
game fish or frog. 

(d) It shall be unlawful for any person 
to serve for pay, either directly or indirect- 
ly, at any hotel, restaurant, or other licens- 



Forest, Game and Fish Laws • 47 

ed eating place in this state, or in any eat- 
ing place in this state, any game anknal, 
game bird, or game fowl, or any part there- 
of whether caught within or without this 
state or any game fish or frog, caught with- 
in this state. 

(e) Any person violating any of the pro- 
visions of this section shall be deemed 
guilty of a misdemeanor and upon convic- 
tion shall be fined not less than ten nor 
more than two hundred dollars, or by con- 
finement in jail not less than ten nor more 
than one hundred days, or by both fine 
and imprisonment within the limitations 
aforesaid, and in the case of violation by 
a corporation every officer or agent direct- 
ing or engaged in the violation shall be 
guilty, and, in the discretion of the court 
punishment may be both fine and impris- 
onment. 

Section 26. 

It shall be unlawful for any person while 
engaged in the hunting or pursuing game 
animals, game birds or game fowl careless- 
ly or negligently to shoot or wound or kill 
any human being or any live stock or de- 
stroy or injure any other chattels or prop- 
erty, and any one violating this section 
shall be deemed guilty of a misdemeanor, 
and on conviction thereof may be fined 



48 ' Forest, Game and Fish Laws 

net exceeding one thousand dollars, and, 
in rtie discretion of the court trying the 
case, may in addition thereto be confined 
in the county jail for a period not exceed- 
ing one year. 

Section 27. 

It shall be unlawful for any person to 
shoot or discharge any firearms across or 
in any public road in this state, at any 
time, or within four hundred feet of any 
school house or church, or five hundred 
feet of any dwelling house, or on or near 
any park or other place where persons 
gather for purposes of pleasure, and any 
person violating this section shall be deem- 
ed guilty of a misdemeanor and upon con- 
viction thereof shall be fined not less than 
ten nor more than one hundred dollars, 
or at the discretion of the court may be 
imprisoned not more than one hundred 
clays for each offense. 

Section 28. 

It shall be unlawful for any person to 
shoot, hunt, fish or fowl upon the enclosed 
or improved grounds of another person, or 
to camp, peel trees, cut trees, or timber, 
build fires or do any other act or thing 



Forest, Game and Pish Laws 49 

thereon in connection with or auxiliary to 
shooting, hunting, fishing or fowling on the 
lands of another person without permis- 
sion in writing from the owner, lessee or 
other person entitled to the possession of 
such lands or the tenant or agents of such 
owner, lessee or person entitled to the pos- 
session thereof, duly authorized to give 
such written permission, and every person 
hunting, fishing, shooting or fowling upon 
such lands shall have such written permis- 
sion, with him when so doing. Any per- 
son violating any of the provisions of this 
section shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall 
be fined not less than ten dollars nor more 
than fifty dollars and may in the discretion 
of justice, be confined in the county jail 
not more than thirty days; and if any per- 
son be convicted a third time of such of- 
fense, he shall be confined in the county 
jail for a period of not less than three nor 
more than thirty days in addition to any 
fine imposed, and in all cases he shall be 
confined in the county jail until such fine 
and costs are paid; provided, that such 
time shall not exceed thirty days. It 
shall be lawful for the owner, lessee, or 
the person entitled to the possession of 
such lands or the agent thereof, to arrest 
any such person found violating this sec- 
tion and immediately take him before a 



50 Forest, Game and Fish Laws 

justice of the peace for trial, and such own- 
er, lessee, person or agent, is hereby vest- 
ed with all the powers and ngnts of a game 
protector for such purpose; and it is here- 
by made the duty of the game protectors to 
see that this section is enforced, if re- 
quested so to do by such owner, lessee, 
person or agent, but not otherwise. 

Section 29. 

It shall be unlawful to fish for, catch, 
capture or take, or attempt to catch, cap- 
ture or take, any fish in or from any spring, 
brook, stream or run, situate on unen- 
closed land which is the property of any 
person, firm or corporation, except with 
the consent of the owner of such unenclos- 
ed land; provided, (1), that the owner of 
such unenclosed land shall have erected 
and does maintain, at conspicuous and fre- 
quent places about said spring, or about 
and along said brook, stream or run, signs 
or placards at least one foot square on 
which shall be the words "no fishing or 
trespassing allowed here," together with 
the name of the person so owning such 
unenclosed land, which signs shall be plac- 
ed in the case of a brook, stream or run, 
at or near the point where the same en- 
ters and another at or near the point 
where the same leave the land of such 



Forest, Game and Fish Laws 51 

person and at least another one for each 
mile of said stream placed about an equal 
distance from each other. Any person 
violating this section shall be guilty of a 
misdemeanor, and upon conviction shall be 
in jail not less than ten and not more than 
two hundred dollars, or may be confined 
in jail not less than ten and ot more than 
one hundred days, or may be both fined 
and imprisoned within the limitations 
aforesaid. 

Section 30. 

(a) The commission is vested with au- 
thority and power to protect the forest 
against injury or destruction by fire, and 
for which purposes they may appoint local 
protectors for each county, with pay at 
the rate of three dollars and fifty cents 
per day when actually engaged in fighting 
fire, and it is made the duty of the com- 
mission, the chief game protector and the 
game protectors, upon receiving notice of 
any such forest fire to employ all the nec- 
essary means to confine nr extinguish the 
same. For this purpose authority is giv- 
en to destroy fences, plough lands or in 
cases of extreme emergency, to set back 
fires. The chief game protector and game 
protectors may, under the general super- 
vision of the commissioner, in case of 



52 Forest, Game and Fish Laws 

emergencies, summon or employ persons 
to assist in fighting fires, who shall be paid 
at the rate of three dollars a day for the 
actual time so employed in fighting such 
fires. Any person who shall fail or refuse 
to assist in the fighting of such fires shall, 
unless such failure is due to physical in- 
ability, be convicted of a misdemeanor, and 
upon conviction be fined not less than 
ten nor more than twenty dollars for 
each offense. 

(b) All services rendered at forest fires 
except that rendered by a chief game pro- 
tector or game protectors, shall be charged 
against the county in which the fire was, 
and each game protector shall render to 
the county court, within twenty days after 
such fire, and also to the commission, a 
sworn statement of the time used in fighting 
such fires with the name or names of all 
persons who were summoned and assist- 
ed thereat and the amount of money due 
each therefor. 

(c) Whoever by himself, or by his ser- 
vants, agents or guide, or as the servant, 
agent or guide of any other person, shall 
build any fire, or use an abandoned fire 
in a field, public or private road, or ad- 
jacent to, or in any woods or forest in this 
state, shall, before leaving such fire, totally 
extinguish the same, and upon failure to do 
so, such person, or persons, shall be deem- 



Forest, Game and Fish Laws 53 

ed guilty of a misdemeanor, and on con- 
viction thereof, shall be fined not less than 
twenty-five dollars nor more than one hun- 
dred dollars and costs of the prosecution, 
and upon default in paying said fine and 
costs shall be confined in the county jail 
not more than ninety days unless said fine 
and costs be sooner paid. If any person, 
or persons, negligently set on fire any woods, 
fields or lands within this state, so as 
thereby to occasion loss, damage or injury 
to any other person, he shall be guilty of a 
misdemeanor and on conviction thereof, 
shall be fined not less than fifty dollars nor 
more than five hundred dollars, and in 
the discretion of the justice of court trying 
the case, be imprisoned in the county jail 
not to exceed one year, and upon default 
in payment of the fine and costs, he shall 
be imprisoned in the county jail not to ex- 
ceed six months, and if any person or per- 
sons wilfully set on fire any woods, fields 
or lands within the state, not his own so 
as thereby to occasion damage or injury to 
any other person, he shall be guilty of a 
felony and on conviction thereof, shall be 
confined in the penitentiary not less than 
one nor more than two years. 

(d) Every railroad compay shall on 
such part of its road as passes through 
forest lands or lands subject to fires from 
any cause, cut and remove from its right 



54 Foeest, Game and Fish Laws 

of way along such lands, at least twice a 
year, all grass, brush and other inflam- 
mable materials and employ in seasons of 
drought and before vegetation has revived 
in the spring, sufficient trackmen to 
promptly put out fires on its right of way; 
provide locomotives thereon with netting 
of steel or iron so constructed as to give 
the best practicable protection against the 
escape of fire and sparks from the smoke 
stacks thereof, and adequate devices to 
prevent the escape of fire from ash pans 
and furnaces which shall be used on such 
locomotives. 

Nk) railroad company or employee there- 
of, shall deposit fire coals or ashes on its 
track or right of way near such lands. In 
case of fire on its own or neighboring 
lands, the railroad company shall use all 
practicable means to put it out. Engineers, 
conductors or trainmen discovering or 
knowing of fires in fences or other mater- 
ial along or near the right of way of the 
railroad in such lands, shall report the 
same at the first station to the station 
agent, and such station agent shall forth- 
with notify the nearest game protector and 
use all necessary means to extinguish the 
same. And any officer or employee of a 
railroad company violatin/c any provisions 
of this section shall be guilty of a misde- 
meanor and upon conviction thereof, shall 



Forest, Game and Fish Laws 55 

be fined a sum not less than twenty nor 
more than two hundred dollars. 

(e) The commission shall in the name 
of the county in which any forest fire has 
occurred, and which has been extinguish- 
ed, or suppressed by its efforts, recover 
from the person or persons, firm or cor- 
poration giving origin to such fire, the 
amount so expended in extinguishing said 
fire and the costs thereof, and the same 
shall not bar the rights of damage be- 
tween the parties thereto. 

The commission may do all things re- 
quired to meet the conditions and require- 
ments of the federal government in secur- 
ing federal co-operation under the provis- 
ions of the Weeks law, for the purpose of 
preventing and controlling forest fires, and 
for the purpose of aid and co-operation with 
the federal government in this respect, the 
sum of ten thousand dollars is hereby ap- 
propriated. 

The commission may co-operate with 
owners of forest lands and receive finan- 
cial assistance from them for the purpose 
aforesaid and do any and all things neces- 
sary therefor, including the establishment 
and maintenance of patrol routes and look- 
out stations; provided; that the commis- 
sion shall expend therefor only such 
moneys as shall be appropriated for that 
purpose by the state and such moneys as 



56 Forest, Game and Fish Laws 

may be contributed therefor by the private 
owners and such part of the funds divided 
from amounts paid for, the game and fish 
licenses as it shall think best, except that 
the commission shall not in any one year 
expend out of such fund derived from the 
amounts paid for licenses for such fire pre- 
vention and control purposes more than 
twenty-five per cent of such year's li- 
cense fund. 

Section 31. 

The commission, by and with the consent 
of the governor, shall ha"« e the power and 
right to purchase, in the name of the state, 
lands suitable for forest culture or game 
and fish reserves, out of any unused funds 
in the hands of the commission under this 
chapter, but such purchases may be made 
on not less than one-third of the purchase 
price to be paid down at the time of the 
conveyance and the residue in not less 
than one and two years after date, and 
when so purchased the commission may 
maintain the same as a forest, game and 
fish reserve and make such regulations for 
the upkeep, protection and operation of 
the same as said commission may deem 
necessary, and for the purpose of estab- 
lishing such forest, game and fish reserves 
the commission may take any gift of any 



Forest, Game and Fish Laws 57 

land. In the case of gifts or purchases 
the absolute fee simple shall pass to the 
state except for the reservation of minerals 
and the mining rights to remove such min- 
rals. 

Section 32. 

Any person violating any of the pro- 
visions of this act the punishment for 
which is not expressly fixfd, shall be deem- 
ed guilty of a misdemeanor, and shall be 
fined not less than ten and not more than 
one hundred dollars, or confined in jail not 
less than one hundred days, or may be 
punished by both fine and imprisonment, 
at the discretion of the court, but within 
the limitations aforesaid, and in a case of 
a corporation all the agents and officers of 
such corporation directing or engaged in or 
about such violation may be punished 
aforesaid. 

Section 33. 

Any person may kill any dog that he 
may see chasing, worrying, wounding or 
killing any sheep, lambs, goats or kids out- 
side of the enclosure of the owner of such 
dog, unless the same be done by the direc- 
tion of the owner of such sheep, goats or 
kids. 



58 Forest, Game and Pish Laws 

Section 34. 

If any dog shall have killed or assisted 
in killing, wounding or worrying any sheep, 
lambs, goats or kids out of the enclosure 
of the owner of such dog, the owner or 
keeper of such dog shall be liable to the 
owner of such sheep, lambs, goats or kids 
in the amount of the damages sustained, 
to be recovered in action before any court 
or justice having jurisdiction of such ac- 
tion; and it shall not be necessary to sus- 
tain such action, to provj that the owner 
of such dog, knew such dog was accustom- 
ed to do such worrying, killing or wound- 
ing; but a recovery under this section shall 
bar and preclude the owner of such sheep, 
lambs, goats or kids from obtaining com- 
pensation from the county court and when 
compensation is obtained from the county 
court under any law which is now or may 
hereafter be in force, then the county 
wherein the payment is made, is authoriz- 
ed to sue under this section, and recover as 
the owner of the sheep, lambs, goats or 
kids, might have done, aid the amount so 
recovered shall be paid into the county 
treasury; but no suit shall be commenced 
unless authorized by the county court. Any 
person who shall harbor or secrete or aid in 
secreting any dog which he knows or has 
reasons to believe has worried, chased or 



Forest, Game and Pish Laws 59 

killed any sheep, lambs, goats or kids, not 
the property of the owner of such dog, out 
of his enclosure, or knowingly permits the 
same to be done on any premises under 
his control, shall- be guilty of a misde- 
meanor, and upon convi' tion thereof be- 
fore any court or justice having jurisdic- 
tion thereof, in the county in which the 
offense is committed, be fined not less 
than ten dollars nor more \han fifty dollars, 
and at the discretion of the court or jus- 
tice, imprisoned in the county jail not more 
than thirty days; and eaoh day that such 
dog is harbored, kept or secreted, shall con- 
stitute a separate offense. 

Section 35. 

The owner or keeper of any dog that 
has been worrying, wounding, chasing or 
killing any sheep, lambs, goats or kids, 
not the property of such owner or keeper, 
out of his enclosure, shall, within forty- 
eight hours after having received notice 
thereof in writing from reliable and trust- 
worthy source, under oath, cause such dog 
to be killed; if the owner or keeper refuse 
to kill said dog as hereinbefore provided 
any justice of the peace upon information, 
shall summon the owner or keeper of saiu 
dog, and after receiving satisfactory proof 
that his dog did the mischief, shall issue 
a warrant on application being made by 



fiO Forest. Game and Fish Laws 

the owner of the sheep, lambs, goats or 
kids killed, and give it into the hands of the 
constable, special constable or sheriff, who 
shall kill the dog forthwith; the cost of 
said proceedings shall be T>aid by the own- 
er of the dog so killed, including a fee of 
fifty cents to the officer killing the said 
dog; the owner of said dog so killed, shall 
in addition to the costs, be liable to the 
owner of the sheep, lamb i, goats, or kids, 
or to the county court for the value of the 
sheep, lambs, goats or kids so killed or in- 
jured. 

Section 36. 

It shall be unlawful for any unnatural- 
ized foreign born resident of this state 
to own or keep a dog of any kind in this 
state. 

Section 37. 

Any person violating any provision of 
section thirty-three, thirty-four, thirty-five 
and thirty-six of this act or failing or neg- 
lecting to perform any duty imposed by 
said sections thirty-three thirty-four and 
thirty-five shall be liable, in an action of 
prosecution before any court or justice 
having jurisdiction, for the amount of dam- 
age sustained, and also for a fine of not 
to exceed one hundred dollars and the 
cost of prosecution, or to imprisonment in 



Forest, Game and Fish Laws 61 

the county jail for not more than thirty 
days, or to both fine and imprisonment. 

Section 38. 

The commission shall have the power to 
suspend and prohibit for certain and defi- 
nite fixed periods, the catching of fish in 
any stream or part of strfam in this state, 
but before such suspension and definition 
shall become effective, it shall give notice 
by publication, once a week for two suc- 
cessive weeks, in the newspapers of the 
county, or each county, when such stream 
is located of such suspension and prohibi- 
tion, and definitely fix by proper descrip- 
tion in such notice such stream and state 
therein the period of such suspension and 
prohibition. 

The commission shall have the power to 
suspend and prohibit the hunting or killing 
of any of the game animals or birds men- 
tioned in this chapter for a definite and fix-, 
ed period in any county in the state of 
West Virginia, but not to exceed one year 
at a time. Before such suspension and pro- 
hibition shall become effective, the com- 
mission shall give notice of that fact by 
publication in all the newspapers of such 
county at least once in each week for two 
weeks before the date of the beginning of 
sueh suspension and prohibition, and such 



62 Forest, Game and Fish Laws 

notice shall state the time of such suspen- 
sion and prohibition and name the birds 
and animals, the killing of which is therein 
prohibited. The commission shall also 
have the power in like manner to change 
the dates of the hunting ot quail or Virginia 
partridge in any county; but the open sea- 
son shall not in any event be for more 
than thirty days in any year. 

When the commission shall have done 
any of the things set out in this section and 
given notices as set out in this section, 
then anyone fishing in such streams or 
hunting or killing any of the animals or 
birds, the killing of which is prohibited at 
any time by this chapter, shall be guilty 
of a misdemeanor and upon conviction 
thereof shall be fined not less than ten 
nor more than one hundred dollars, and 
may be confined in the county jail for the 
period of sixty days or both, in the discre- 
tion of the court. 

Section 39. 

All acts or parts of acts inconsistent 
with this act are hereby repealed. 



X 



BEWARE OF FIRE! 

Forest fire losses in the United States 
amount to millions of dollars annually. 

Hundreds of thousands of dollars have 
been lost in West Virginia as a- result of 
forest fires. 

Carelessness with matches, with cigar and 
cigarette stubs and failure to extinguish 
camp fires are largely responsible for forest 
fire losses. 

Every hunter has a personal responsibility 
to prevent forest fires. 

Do not throw lighted matches into dry 
leaves. 

Avoid throwing lighted cigar and cigar- 
ette stubs into dry leaves. 

Do not break camp without extinguishing 
the fire. 



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